HMRC asking me to repay Fast Tax Rebates Ltd scam rebate

[slick132]

As you're not going to see the police for a week or more, I suggest you reply before the Tribunal deadline.

 

Unless you have any other ideas, I suggest a letter back to HMRC Litigator :-

 

Dear sir or madam,

 

Thank you for your letter of xxdate.

 

I am grateful to the judge for giving me a further opportunity to confirm any reasons I have to oppose the Application to Strike Out my appeal.

 

I have not yet been able to have a face to face interview with Police CID to give them my evidence of the fraud commited against me and HMRC by FTR Ltd. This is likely to happen after the deadline given by the judge for me to respond.

 

I have no further grounds to oppose the Strike Out Application at this stage. I can only reiterate, this is not a dispute between me and a tax advisor (FTR Ltd). My tax account was used by FTR Ltd in an unauthorised manner not known to me, nor allowed by HMRC.

 

The majority of tax refunded was kept by FTR Ltd and I knew nothing of what they had done to secure the tax refunded.

 

I understand the police are already investigating another similar case involving FTR Ltd.

 

My other concerns are that HMRC were quick to refund tax to FTR Ltd, a newly acting agent; based on an unusual type of relief claimed (EIS); without sight of any investment certificates; and without checking the eligibility of the scheme I allegedly invested in.

 

I suggest HMRC failed to act with due dilligence, being too quick refunding FTR Ltd in circumstances that should have been investigated better.

 

Thank you for allowing me to put these matters to the Judge.

 

Yours faithfully,

[dixon2094]

Thank you - i'll get this sent now and advise of any reply.

 

Out of interest, do we know anybody in a similar situation as me?

 

It seems i'm the only one that took HMRC to tribunal, sent SAR/LBA to FTR, applied for MCOL, etc.?

Edited October 4, 2021 by dixon2094
update

[slick132]

Hi dixon,

 

No, I'm not aware of any of the other cases here going the same way as yours in the ways you mention.

 

What's happened with the CCJ Warrant against FTR ?

[dixon2094]

That's still ongoing it seems. I contacted the issuer and was told I wouldn't hear anything back for a month or so, given the amount of times they try to make contact before giving up.

 

I think there's still a week or two left of that before I hear anything.

[honeybee13]

Do you know how they're trying to make contact, Dixon? I imagine they've tried the office address for FTR?

 

HB

[dixon2094]

I believe they would just head to their registered address... whether or not they're given another address to try or not I don't know, but I would presume their warrant wouldn't cover that?

 

I was told that normally they'd try an address 6 or 7 times before giving up. However, seeing as though on their first visit, it's apparent it's a rented office/forwarding office, not sure if they'll just give up.

[honeybee13]

So Mr McNabb has gone to ground, the same as Mr O'Hara?

[Schipoo]

8 hours ago, dixon2094 said:

Thank you - i'll get this sent now and advise of any reply.

 

Out of interest, do we know anybody in a similar situation as me?

 

It seems i'm the only one that took HMRC to tribunal, sent SAR/LBA to FTR, applied for MCOL, etc.?

Hi, 

I sent for my SAR, reported to Action Fraud, HM Treasury and I’m also in correspondence with my local MP. My review has been accepted but the deadline isn’t until January but I will go to tribunal if we haven’t got anywhere in the meantime. 

[dixon2094]

Is it worth me approaching my local MP? I know he's VERY active on social media and could potentially create awareness for more people to get involved.

 

I am aware there have been around 20 in a similar position to me, just in a 5 mile radius from my home for starters... mainly through work/friends.

[honeybee13]

Yes, I think it's worth it, the more publicity about this the better. Try to get all the victims you know to get involved as well.

 

HB

[slick132]

Yes Dixon, definitely.

 

The more you can get involved, the better the chance of you all being heard !!

 

Tell them to sign up here.

[dixon2094]

I've received a response from local MP's office:

 

Quote

 

Dear Dixon,

Thank you for contacting Xxxxx Xxxxxx MP.

Unfortunately, a constituent has contacted us in the past about EIS fraud. Mr Xxxxxx has written to the minister responsible for HMRC about the EIS scheme and how it lends itself to fraud, we are still waiting for a reply but I will pass this on once we have received one.

I have also been in contact with a Director at HMRC, they told me to direct any victims of EIS who contact our office to Alex Buckley at: [email protected] and he will investigate the matter fully.

I hope this helps in the meantime, Xxxxxx will continue to lobby ministers on this.

Best wishes,

xxxxx

Xxxxxx Xxxxxx

Caseworker to Xxxxx Xxxxxx MP

 

 

[slick132]

Hi Dixon,

 

Wait for further contact from the MP about their attempt to contact the MP responsible for HMRC and EIS.

 

Also, no harm in contacting Alex Buckley at HMRC as sugested.

 

[slick132]

Hi Dixon,

 

Can you give us an update :-

 

1. Have you had any success in getting the attention of the police.

 

2. I've seen no new users come here to CAG about FTR so assume you've been unable to get any others to sign up. Is that a fair summary ?

 

3. Has anything further happened about the CCJ.

 

4. Please remind me of the CCJ judgement amount.

[dixon2094]

Hi Slick,

 

Here is a response from Action Fraud I got this morning:

 

Dear XXXXX,

I am writing to inform you of the current position of your report.

The National Fraud Intelligence Bureau (NFIB) has reviewed the information you provided and has passed your report to Northumbria Police for their consideration.

 

Please note Northumbria Police is responsible for deciding whether to commence an investigation and for providing you with further updates to your report. Northumbria Police can be contacted by email at [email protected] or by phone 101.

When you contact Northumbria Police please give them your reference number XXXXXXX.

 

If you have any queries regarding this letter please visit www.actionfraud.police.uk/FAQ where you will find answers to most common questions. You may also submit questions which you feel are not addressed by the FAQ using our online form.

 

You can also register on our partner website www.actionfraudalert.co.uk to receive email alerts about new and emerging crime types.

Thank you again for taking the time to report this matter.

 

We value your feedback, please visit this link and complete the survey:
www.surveymonkey.co.uk/r/CSATDISS

Yours sincerely,

Head of NFIB

 

I've emailed [email protected] with info that I sent to the HMRC contact that my local MP gave me, in relation to how many people affected, total estimated amount, etc.

 

Not sure if I posted this previously, but this was their response (in relation to my #137 post)

 

Dear XXXXX
Thank you for your email of 8 October 2021, sent to HM Revenue & Customs. I apologise for the delay in acknowledging your email.

We are currently experiencing a high volume of work and it is important that we investigate your complaint thoroughly.  A member of our specialist complaints team will aim to provide you with a full response within the next 12 weeks from the date of this email. If we are unable to respond by this time, we will write to you again.

Please find attached a copy of our acknowledgement letter, a copy of our “Complain about HMRC” factsheet and a copy of our “Corresponding with HMRC by email” factsheet.

Please can you confirm that you accept the risks of corresponding by email, and that you are happy to do so.
Please note that no further email communications will be conducted without your consent to the email disclaimer (attached).

Please note that due to the measures put in place to stop the spread of the coronavirus, we are unable to take phone calls. If you would like to contact us, you can email us on [email protected]
Yours sincerely

Complaints Registration Team

 

Yes - i've directed around 5/6 people to sign up here although I believe only one has done so. The others have just arranged payment plans with HMRC to repay the FULL amount, not just what they received... potentially to save any hassle their end.

 

Nothing heard back from Bailiffs or Court - I will request an update tomorrow morning, as I should have received something already.

 

Also, nothing back from Tribunal yet either, following your/my latest response.

 

This was also the response from the ICO, received 2nd November:

 

2 November 2021 

Case Reference: XXXXX

 

Dear XXXXX, 

Thank you for your complaint form to the Information Commissioner’s Office (ICO) in which you have complained about Fast Track Rebates Limited. 

 

The ICO’s role

Part of our role is to consider complaints from individuals who believe there has been an infringement of their data protection rights. Our role is to consider whether there is an opportunity to improve the information rights practices of organisations. We may not investigate or adjudicate on every individual complaint.

 

We will put most of our effort into dealing with matters we think give us the best opportunity to make a significant difference to an organisation’s information rights practices.

 

It is up to us to decide whether or not we should take further action. Even where we decide that further action is not required at the moment, perhaps because the organisation has made a mistake but is working to put things right, we will keep concerns on file. This will help us over time to build a picture of an organisation’s information rights practices.

 

Our decision will not affect your ability to enforce your rights through the courts.

 

Our view

I have considered the information available in relation to this complaint and I am of the view that Fast Track Rebates Limited has not complied with their data protection obligations. This is because…

 

- You did not receive an appropriate response to your subject access request. 

- The organisation have failed to respond to you in relation to your data protection concerns. 

- They have also failed to respond to us in relation to this complaint despite numerous attempts, they have failed to meet their data protection obligations. 

 

Steps taken

We have made numerous attempts to contact the organisation about their information rights practices. We sent a letter to the organisation via recorded Royal Mail, but it has since been returned undelivered. Email and phone numbers have also been unsuccessful and they have failed to communicate with the Information Commissioner's Office. 

I should clarify that our role is not to get information for individual complainants: ultimately you have recourse under the DPA to bring the matter to the courts in order to pursue this.  The Information Commissioner’s role is to oversee general compliance with the DPA. 

In this particular case, it does not appear that it would be a proportionate use of our resources to pursue this matter further. We suggest you speak to Action Fraud if you believe they have used your details to fraudulently to make a tax rebate without your consent . You have your own separate right to take the matter to the Courts.

Right to an effective judicial remedy / Right to compensation and liability [GDPR Articles 79 & 82]

If you are seeking personal redress or compensation for the way an organisation has dealt with your personal information, you will need to pursue this independently through the courts or with an industry's own ombudsman or regulatory body.

 

Please be advised that this is not a process that the ICO can assist you with. We therefore recommend that you seek independent legal advice if you wish to pursue this course of action.

Yours sincerely,

[Ethel Street]

ICO response is pretty much what we expected -  that FTR have breached DP law but nothing ICO can do to take enforcement action as FTR have disappeared and cannot be found.

 

But even though it doesn't directly help you it's another piece of indirect evidence that supports your position. If Northumbria Police don't already have ICO's response I'd pass it to them. It all adds to the weight of evidence that you are a victim of fraud.

[dixon2094]

I've followed on from my email to the police with proof of ICO's decision saying this, and with my Warrant letter proof - which proves ignorance towards MCO claim and Judgment.

[Alvinsmalvin]

Hi, i received the same response by Action Fraud about an hour ago

[honeybee13]

I think that's encouraging that Northumberland police have become involved. Thank you both for letting us know.

 

HB

[Schipoo]

I haven’t had anything as yet. I’m concerned I’m getting close to the end of the process and might not benefit from anything Northumbria police finds 

[slick132]

Alvins - Please update on your own thread, not here thanks.

 

Schipoo - let us know on your thread when anything more happens.

 

Hi Dixon,

 

Use this opportunity to contact the police more aggressively saying sometdefraud myself hing like, "In view of the fact that FTR unlawfully used my HMRC account to defraud myself and HMRC, I expect the police to finally take this matter seriously and take action against the perpetrators."

[Ethel Street]

Yes, getting Action Fraud to pass it to police means you have got over a significant hurdle. 

 

According to AF website last year they received some 415,000 reports of which 38,000 were referred to police. So over 90% of reports to AF just get filed. Dixon is in the 9% that get through to the next stage.

 

As a matter of interest this is how AF decide whether to pass to police for further investigation;

 

How we choose which crimes are sent to forces

Several factors are considered when a dissemination is made. This includes whether or not there are viable lines of enquiry and the threat, risk and harm to the victim. Crimes are disseminated to police forces for investigation primarily based on the location of the suspect, where there are viable lines of enquiry to be made and when officers have the best opportunity to detect and deter. However, all reports are stored for further analysis so that if new information is discovered it can be used as part of any future investigation.

[dixon2094]

Hi,

 

Just as an update, the Warrant office has emailed back to me and informed me my Warrant is being issued by Newcastle Civil & Family Courts and Tribunals Centre, who i've contacted direct and requested an update, as I've still not had one. Not a useful email I received, but hey ho.

 

Also, I rang Northumbria Police ("NP") direct and they couldn't find anything under my name... which is odd and annoying. So, I filled in their online form located:

 

Report an Incident : Online Services : Northumbria Police

SERVICES.NORTHUMBRIA.POLICE.UK

 

and included my AF reference. The officer on the phone was very helpful - I gave him my email, the date my original email was sent (following referral from AF), my number, etc, and he said he's going to look into it. I now have a direct reference number for NP too, which is useful.

 

Will let you know if I hear anything.

[honeybee13]

Thank you Dixon, I hope this new contact helps you.

 

HB

[slick132]

Hi Dixon,

 

Can you copy here the last contact you made with the police, following my last post to you above.

 

Please also confirm if you have sent it on to this recent contact at NP.